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763 F.2d 1250·
11th Cir.·
1985-06-21
·cited 59×
The court held that Section 1983 claims should be characterized as personal injury actions akin to trespass, thus borrowing Alabama's six-year statute of limitations.
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487 F.2d 1280·
1st Cir.·
1973-11-16
·cited 56×
The court held that while a prisoner has a right to use immunity for statements made in disciplinary hearings to protect against self-incrimination in subsequent criminal prosecutions, they do not have a right to retained counsel in such hearings, nor must adverse witnesses alway
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498 F.2d 968·
10th Cir.·
1974-06-17
·cited 46×
The court held that the forfeiture statute was constitutional and that the civil nature of forfeiture proceedings does not frustrate fundamental rights against unreasonable searches and seizures or self-incrimination.
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497 F.2d 626·
D.C. Cir.·
1973-12-10
·cited 44×
Tenants of low-rent public housing are entitled to notice of proposed rent increases and an opportunity to present written objections.
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663 F.2d 1338·
5th Cir.·
1981-12-18
·cited 43×
The dissent argues that Rule C's procedure for prejudgment seizure of a vessel, authorized solely by the clerk based on ex parte allegations, violates due process requirements established by the Supreme Court.
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525 F.2d 268·
10th Cir.·
1975-10-30
·cited 39×
The court held that individuals receiving SSI benefits based on presumptive disability are entitled to notice and an evidentiary hearing prior to termination of those benefits, consistent with the Due Process Clause.
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502 F.2d 1107·
3d Cir.·
1974-08-01
·cited 36×
The court held that private self-help repossession of automobiles, even when permitted by state statute, does not constitute state action under the Fourteenth Amendment or 42 U.S.C. § 1983.
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851 F.2d 1321·
11th Cir.·
1988-08-10
·cited 31×
The plurality opinion held that private defendants are entitled to qualified immunity in a section 1983 action. The dissenting judges disagreed, arguing that qualified immunity should not extend to private actors.
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556 F.2d 132·
3d Cir.·
1977-04-04
·cited 30×
The court held that Pennsylvania's common law repairman's lien, allowing non-consensual possession without due process safeguards, violates the Fourteenth Amendment.
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487 F.2d 378·
2d Cir.·
1973-06-29
·cited 28×
The sale provisions of the New York Lien Law are unconstitutional as applied because they permit the permanent deprivation of a significant property interest without a prior hearing.
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519 F.2d 150·
3d Cir.·
1975-06-03
·cited 26×
The court held that the Secretary of Health, Education and Welfare's procedure for recouping social security overpayments, which did not afford an oral hearing prior to the adjustment of benefits, violated due process. The court also affirmed the district court's certification of
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494 F.2d 302·
2d Cir.·
1974-03-13
·cited 26×
The dissenting judge would affirm the lower court's decision, finding that wage assignment constitutes state action and violates due process.
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808 F.2d 1435·
11th Cir.·
1987-02-02
·cited 24×
The court held that the seizure of property without notice under Alabama's attachment statute, which was an established state procedure, did not fall under the Parratt v. Taylor exception, and that private defendants could assert qualified immunity but failed to prove they acted
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795 F.2d 1344·
7th Cir.·
1986-07-15
·cited 23×
A private party's execution of a state court's ex parte order authorizing property repossession constitutes state action for purposes of a § 1983 claim, and Wisconsin's replevin statute, which allows for ex parte orders secured by a bond and provides for a prompt post-deprivation
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509 F.2d 511·
D.C. Cir.·
1974-12-09
·cited 22×
The court held that the constitutional claim presented was insubstantial and did not require a three-judge district court, affirming the lower court's refusal to convene one.
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34 F.4th 1028·
11th Cir.·
2022-05-20
·cited 17×
The Eleventh Circuit held that the district court erred in dismissing the plaintiffs' due process claim for lack of subject matter jurisdiction, as the claim was not so insubstantial or frivolous as to strip the court of its power to adjudicate.
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773 F.2d 1528·
11th Cir.·
1985-10-01
·cited 17×
The court held that the maritime attachment procedures under Rule B(1) are derived from the court's inherent admiralty powers, not exclusively from the rule itself, thus avoiding a constitutional challenge to the rule.
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747 F.2d 610·
11th Cir.·
1984-11-27
·cited 16×
The court held that the FDIC's foreclosure sale, conducted according to contractual terms and Alabama law, did not deprive the mortgagor of constitutionally protected property rights, thus not violating the Due Process Clause.
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516 F.2d 125·
8th Cir.·
1975-03-11
·cited 16×
The North Dakota prejudgment attachment statute is unconstitutional as applied because it lacks sufficient procedural safeguards to satisfy due process, particularly regarding the necessity for summary seizure and judicial supervision.
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496 F.2d 16·
8th Cir.·
1974-04-25
·cited 16×
Self-help repossession of vehicles by private parties, authorized by state commercial codes, does not constitute state action for purposes of a 42 U.S.C. § 1983 claim.
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743 F.2d 956·
1st Cir.·
1984-09-13
·cited 12×
The court held that a maritime attachment under Rule B, even without prior judicial authorization or a bond, does not violate due process if the defendant receives prompt post-attachment notice and a hearing, and the complaint is sufficiently particularized.
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612 F. Supp. 1492·
S.D. Fla.·
1985-07-03
·cited 11×
The Constitution forbids the Attorney General from seizing real property under 21 U.S.C. § 881(b) without prior judicial review, absent exigent circumstances.
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727 F.2d 315·
3d Cir.·
1984-02-09
·cited 10×
The court held that the denial of a motion to lift a stay to permit attachment of property is an appealable collateral order, and that the district court erred in denying the writ of attachment.
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491 F.2d 1353·
2d Cir.·
1974-01-08
·cited 10×
The court held that Vermont law does not extend a good faith privilege to private parties sued for false imprisonment, and the statute authorizing summary prejudgment body attachment is unconstitutional.
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486 F.2d 739·
10th Cir.·
1973-11-05
·cited 6×
The court held that the appellant could not enjoin state court judgments based on a subsequently decided constitutional challenge to the replevin statute, nor could it seek protection of a prior federal judgment that did not address the validity of state claims.
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923 F.2d 1241·
7th Cir.·
1991-01-24
·cited 5×
The court should remand the Fourteenth Amendment claim for trial because the damage to the trailer constituted an independent deprivation of property, and the Fourth Amendment applies to unreasonable seizures in civil proceedings.
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522 F.2d 1201·
9th Cir.·
1975-09-12
·cited 5×
Summary tax collection procedures, providing for subsequent judicial review, do not violate due process.
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956 F.2d 1300·
4th Cir.·
1992-03-02
·cited 4×
The court held that the summary eviction of a public housing tenant without prior notice and an opportunity to be heard violates the Due Process Clause, except in exigent circumstances.
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658 F.2d 731·
10th Cir.·
1981-08-24
·cited 4×
The court held that the plaintiffs' First Amendment rights were not violated and they were not denied due process, affirming the dismissal of their action.
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491 F.2d 846·
6th Cir.·
1974-02-07
·cited 2×
The court held that the plaintiff was deprived of her automobile without due process of law, in violation of the Constitution.